In this chapter, the following terms have the meanings indicated. Terms Defined. “Alternative behavior modification program” means a research-based, positive and effective school-wide program that includes the following: Systems and practices that: Enhance the capacity for all children to be successful; and Recognize appropriate behaviors and respond to behavioral violations; and A continuous assessment of school discipline data to facilitate appropriate decisions about implementation of research based practices. “Elementary school” means any comprehensive public school, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 5. “Habitually truant” means a student that meets all of the following criteria: The student was age 5 through 20 during the school year; The student was in membership in a school for 91 or more days; and The student was unlawfully absent from school for more than 20 percent of the days in membership. “Local school system” means any of the 24 local school systems in the State. “Positive behavioral interventions and support program (PBIS)” means the research-based, systems approach method adopted by the State Board to: Build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn; and Improve the link between research-validated practices and the environments in which teaching and learning occur. “School” means any comprehensive public school in which the school population includes any combination of students in prekindergarten through grade 12, excluding alternative settings or special schools, in which the school population includes any combination of students in prekindergarten through grade 12. “Suspension rate” means the unduplicated count of students who receive out-of-school suspension as a disciplinary action during a year divided by the September 30 enrollment count. “Truancy rate” means the unduplicated count of students who are “habitually truant” from school during a school year divided by the September 30 enrollment count. Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement: A PBIS; or An alternative behavioral modification program developed in collaboration with the Department. An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds: 18 percent of its enrollment for the 2005—2006 school year; 16 percent of its enrollment for the 2006—2007 school year; 14 percent of its enrollment for the 2007—2008 school year; 12 percent of its enrollment for the 2008—2009 school year; and 10 percent of its enrollment for the 2009—2010 school year and each school year thereafter. The school principal or the principal's designee and appropriate staff members shall: Develop a plan for implementing a program as set forth in §A of this regulation; Attend PBIS or alternative behavior modification training program approved by the Department; and Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program. The following apply to an elementary school that has at least one grade beyond grade 5: The suspension rates in §B of this regulation shall apply to students in prekindergarten through grade 5; and PBIS or the alternative behavioral modification program shall focus on students in prekindergarten through grade 5. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide. An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if: The elementary school has already implemented a PBIS or an alternative behavior modification program; and The elementary school has a suspension rate that exceeds the standard specified in §B of this regulation. Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in §B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement: A PBIS; or An alternative behavior modification program developed in collaboration with the Department. A school is subject to this regulation if it has a truancy rate that exceeds: 8 percent of its enrollment for the 2008—2009 school year; 6 percent of its enrollment for the 2009—2010 school year; 4 percent of its enrollment for the 2010—2011 school year; 2 percent of its enrollment for the 2011—2012 school year; and 1 percent of its enrollment for the 2012—2013 school year and each school year thereafter. The school principal or the principal's designee and appropriate staff members shall: Develop a plan for implementing a program as set forth in §A of this regulation; Attend PBIS or alternative behavior modification training program approved by the Department; and Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program. A school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if: The school has already implemented a PBIS or an alternative behavior modification program; and The school has a truancy rate that exceeds the standard specified in §B of this regulation. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide. Education Article, §§2-205 and 7-304.1, Annotated Code of Maryland Effective date: March 13, 2006 (33:5 Md. R. 522) Regulation .01B amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766) Regulation .02 amended effective June 30, 2008 (35:13 Md. R. 1181); May 31, 2010 (37:11 Md. R. 766) Regulation .03 adopted effective May 31, 2010 (37:11 Md. R. 766)